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Miami Immigration & Naturalization Law Blog

What is the removal process?

Because immigrants come to the U.S. for a specific purpose, it is often devastating when hey are faced with deportation. This process can be initiated for a variety of reasons, including illegal immigration. However, there are other reasons, such as violating the terms of a visa and committing a serious crime that could cause an immigrant lawfully in the states to be deported. If an individual is set to be deported, he or she will be formally removed for the United States.

What is the removal process? The Executive Office for immigration Review or EOIR oversees the court proceeding. The firs step of the process is a removal hearing. This is conducted to determine whether or not an individual is subject to removal from the U.S. and is begun when the Department of Homeland Security files a Notice to Appear with the immigration court.

Helping our clients with the asylum process

Miami is home to a large number of immigrants. Many times, these immigrants are seeking a better life in the United States. When a person is seeking asylum in the United States, they may have legal questions.

People who are seeking asylum in the United States are leaving their home countries where they may be persecuted. The United States has various rules regarding asylum seekers but in general a person needs to have a "credible fear of persecution." An asylum officer will need to find that the person seeking asylum has a significant possibility of being tortured or persecuted if they remain in their home country because of their race, religion, gender, nationality, or political opinion.

Special immigrant status for thousands of Salvadorans has ended

Many immigrants in the Miami area have been on high alert recently because of political activities in Washington. Recently, the Trump administration made changes to the Temporary Protective Status (TPS) for Salvadorans.

In 2001, 200,000 immigrants from El Salvador were allowed to work and live legally in the United States because of the earthquakes that displaced more than a million people. The immigrants were given a Temporary Protective Status. The U.S. government announced that they will be ending this program and that individuals will lose their status by September 2019 and face deportation. The U.S. government believes that El Salvador has recovered from the earthquakes. Those who have married U.S. citizens can apply for new protections but they have to be here legally. Many of these immigrants have built a new life for themselves in the U.S. and have started families and businesses.

Tough stance on illegal immigration impacts legal immigration

During the most recent election, most Americans in Florida and elsewhere understand the now President's stance on immigration. Talks about the wall and being hard or illegal immigration has caused some concerns for immigrants currently in the U.S. as well as those seeking to enter the United States as tourists or for business.

According to recent reports, the Trump administration's strong approach on their immigration agenda has been noticeable when it comes to attacking illegal immigration in the country. The number of arrests of undocumented aliens has increased and travel from majority-Muslim countries to the U.S. has been almost completely barred. Unfortunately, their strong stance on illegal immigration has impacted legal immigration as well.

Somali immigrants detained in Miami allege mistreatment

Miami is a city of immigrants. Many of its residents are citizens from other countries who wish to remain in the United States. Often this is a complicated process with many different governmental agencies involved. Recently, a lawsuit was filed against the federal government alleging maltreatment of Somali immigrants.

A lawsuit was recently filed on behalf of 92 Somalis who are being held in two Miami detention centers. The lawsuit was filed by the University of Miami's immigration law clinic along with Legal Aid Service of Broward County, Americans for Immigrant Justice, and the James H. Binger Center for New Americans claiming that the Somalis were shackled, beaten and prevented from using the bathroom while they were on a plane while in U.S. custody. The Somalis were put on a plane to return to Somalia but wound up in Senegal in West Africa. They sat on a runway for 23 hours before they were returned to Miami. During the 48 hours they were on the plane they were bound at their wrist, waist, and legs and forced to stay seated. Immigration and Customs Enforcement allegedly kicked, choked and dragged some of the detainees down the aisles and put some in straitjackets. The suit requests that the detainees not be returned to Somalia where they may face torture and death from the terrorist group Al Shabab.

The Hague Process for international adoption

Many Miami families go through the international adoption process each year with the hope of bringing home an addition to the family. In terms of the law governing international adoptions in particular, the Hague Process offers important safeguards to protect birth families, adoptive families and the children. All U.S. adoptions involving children from foreign countries must follow the Hague process.

There are several steps to The Hague Process of adoption. First, a family should choose an accredited adoption agency and attorney. A home study is then completed to review the fitness of the family.

Asserting your rights after being harmed by a defective product

With the holidays just around the corner, we expect to open up a wide variety of gifts under the tree. These can range from simple household items to beauty products, tools, baby items and toys. All of these items have a purpose and those receiving them intend to use them for what they are made for; however, if a product is defective, it may not work properly, at all or even cause injury to a consumer.

A defective or dangerous product is an unexpected event. One is not prepared for the aftermath of an item that is dangerous due to design, manufacturing or warning defects. At Kurzban Kurzban Weinger Tetzeli & Pratt, P.A., our skilled attorney understand the pain, suffering and damages that could arise from a defective product; thus, we are prepared to help individuals in the Miami area navigate the products liability process.

Visitor to Miami Lakes killed by hit-and-run driver

There are many people who enjoy walking around Miami. Most of the time they are safe because most Miami drivers are careful and are aware of their surroundings. Unfortunately, accidents still occur involving pedestrians, with many of them resulting serious injuries or even death.

A 26-year-old woman who was visiting the Miami Lakes area on business was the victim of a hit-and-run accident recently. The women who was killed was crossing Fairway Drive in the crosswalk when she was struck by a car. The car that was allegedly involved -- a Mercedes-Benz -- has been located.

Florida Keys sheriff may be illegally jailing immigrants

Miami residents understand that their city and state have a large population of immigrants. These immigrants are part of the community. Occasionally, these immigrants become part of the legal system when immigration issues come into play.

The American Civil Liberties Union, Southern Poverty Law Center, and LatinoJustice have sent a letter to the sheriff in Monroe County stating that he is using an out-of-date federal detainer form to illegally jail immigrants in violation of the Constitution. The groups state that using an immigration detainer is not a court order and is not legally binding to hold a person in jail. Instead, immigration detainers are a request by the federal immigration agency to have a local jail hold an inmate after they would be released in order to allow the immigration agency to take custody. Local jails that are using the detainer are believed to be in violation of the Fourth Amendment.

Understanding the asylum and refugee process

There are many reasons why immigrants may want to become permanent residents in the United States. While many believe this is for work or new opportunities, this is not the only reason. For some immigrants, they are working tirelessly to escape persecution in their home country. Obtaining asylum does not only help immigrants avoid these devastating hardships but also opens the door for the ability to live a healthy, safe and positive life.

Those seeking asylum are known as asylees. And those filing for asylum are seeking resettlement and permanent status in the U.S. While obtaining asylum status could be very beneficial, those applying for asylum must go through a process to obtain approval. First, those seeking refugee status must receive a referral through the U.S. Refugee Admissions Program, and once this is received, assistance with the application and interview phase is provided. On the other hand, those seeking asylum status must file and application with USCIS. If the applicant is not in a removal proceeding, he or she can proceed with the interview process.

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Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

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